Notice of Claim - British Columbia

1 FORM 1. SCL 001 04/2017. (OPC 7530854501). MAKING A Claim . Step 1. FROM: COMPLETE the Notice OF Claim . You must be sure that the address you give is correct because this is Please print clearly and firmly. There are 5 where the registry will send any further notices or information to you. If your address changes at any time please notify the small claims registry copies, so be sure all copies are legible. If you and all parties to the lawsuit. accessed this form from the Government of BC.. website, you may also complete it using the computer and then print all 5 copies. **NOTE: This form can be completed online using the Filing Assistant TO: For more help, there are guides called What Are you sure you have used the proper name?

2 If you wish to sue a company . or a society, you can get the legal name from the printout of the company is Small Claims and Making a Claim .. search.. Forms and guides can be found at the Is there more than one defendant? If so, put both names (side by side). Government of BC website: in the space given. Are you sure the Claim (s) are a result of the same transaction or event? WHAT HAPPENED? . You do not need to tell everything about your case here. You must tell just enough to let the defendant know what the case is about. Keep your Step 2 description brief. You will have a full opportunity to present all the facts FILE the Notice OF Claim by taking or and provide supporting documents at a settlement conference or trial.

3 Mailing it to the small claims registry. If you are making a Claim against a company or a soci- ety, you must also file a printout of a company search showing the most recent address of the registered office of the company on file with the Registrar of Companies or the most recent address and delivery address of the society on file with the Registrar of Companies. The fee WHERE? WHEN? A Notice of Claim must be filed at the small claims registry nearest to where for filing is $100 for claims up to and including a) the defendant lives or carries on business, OR. $3,000, or $156 for claims over $3,000. The b) where the transaction or event that resulted in the Claim took place.

4 Staff will check the form and, when it is accepted If the case is about a breach of contract (overdue credit account for for filing, apply the registry stamp, add on filing example), tell where the contract was made or account opened or where and service fees, and assign a file number. the payments were to be made or sent. Then they will return the copies you need for your records and for serving on the defendant. HOW MUCH? If your Claim is made up of several parts, separate them here and show the amount you are claiming for each part. Step 3. SERVE each defendant named in the For example: a) Amount owing on unpaid invoice $$$$$$$$$. Notice OF Claim with a copy of the b) Interest under the contract $$$$$$$$$.

5 Document and a blank copy of the REPLY. form. The purpose is to be sure the defendants The defendant might agree with part of your Claim if you show its separate know they are being sued, and what the case parts. is about. For more help with service there is a The most you may Claim in Provincial Court of British Columbia (Small guide called "Serving Documents". Claims Court) is $35, , including the amount of money claimed AND. the value of any goods or services claimed. This does not include interest and expenses. If your Claim is for more than $35, and you wish to file in this court, AND THEN if the defendants file a reply, just say in this section "I am abandoning the amount over $35, ".

6 The court registry will send you a copy, and set Otherwise, you should file your Claim in Supreme Court. If you choose to a date for a settlement conference. If no Reply abandon part of your Claim you cannot sue for that part later. is filed at the court registry within the time limit Are you asking for something besides money (eg. recovery of goods)? If on the Notice OF Claim , you may apply for so, fill that in and show the value but do not add the dollar amount for that a DEFAULT ORDER. You will have to file a part to the Total Claimed. certificate of service to prove the Notice OF. Claim has been served. FORM 1. SCL 001 04/2017. (OPC 7530854501). REGISTRY FILE NUMBER.

7 Notice OF Claim REGISTRY LOCATION. IN THE PROVINCIAL COURT OF British Columbia (SMALL CLAIMS COURT). FROM: NAME. CLAIMANT(S). Notice OF Claim . ADDRESS. Fill in the name, ad- dress and telephone number of the person(s) CITY, TOWN, TEL. #. or business(es) making MUNICIPALITY. the Claim . PROV. POSTAL CODE. TO: NAME. DEFENDANT(S). ADDRESS. Fill in the name, ad- dress and telephone number of the person(s) CITY, TOWN, TEL. #. or business(es) the MUNICIPALITY. Claim is against. PROV. POSTAL CODE. WHAT. HAPPENED? Tell what led to the Claim . If you need more space to describe what happened, attach another page, mark it "Page 2 of the Notice of Claim " and check this box.

8 A copy of the attached page must accompany each copy of the Notice of Claim WHEN? WHERE? CITY, TOWN, MUNICIPALITY Tell when this Tell where this happened. PROV. happened. HOW a $. MUCH? Tell what is being b claimed from the $. defendant(s). If the Claim is made up of c several parts, separate $. them here and show the amount for each part. d Add these amounts and $. fill in the total claimed. e $. TOTAL TIME LIMIT FOR A DEFENDANT TO REPLY. The defendant must complete and file the attached reply within 14 days from being served with this Notice , unless the defendant settles this Claim directly + FILING FEES. with the claimant. If the defendant does not reply, a court order may be made court copy against the defendant without any further Notice to the defendant.

9 Then the + SERVICE FEES. defendant will have to pay the amount claimed plus interest and further expenses. The Court Address for filing documents is: = TOTAL CLAIMED $. DEBT. OTHER THAN DEBT. FORM 1. SCL 001 04/2017. (OPC 7530854501) court copy REGISTRY FILE NUMBER. Notice OF Claim REGISTRY LOCATION. IN THE PROVINCIAL COURT OF British Columbia (SMALL CLAIMS COURT). FROM: NAME. CLAIMANT(S). Notice OF Claim . This person has made ADDRESS. a Claim against you in Small Claims Court. CITY, TOWN, TEL. #. MUNICIPALITY. PROV. POSTAL CODE. TO: NAME. DEFENDANT(S). ADDRESS. CITY, TOWN, TEL. #. MUNICIPALITY. PROV. POSTAL CODE. WHAT. HAPPENED? This is what the claimant says led to the Claim .

10 If this box is checked the "what happened" section is continued on a another page. Be sure you have been given a copy of it. WHEN? WHERE? CITY, TOWN, MUNICIPALITY This is when the Claim - This is where the claimant ant says it happened. PROV. says it happened. HOW a $. MUCH? This is what the Claim - b ant is asking for. $. c $. d $. e $. TOTAL TIME LIMIT FOR A DEFENDANT TO REPLY. The defendant must complete and file the attached reply within 14 days from + FILING FEES. defendant's copy being served with this Notice , unless the defendant settles this Claim directly with the claimant. If the defendant does not reply, a court order may be made against the defendant without any further Notice to the defendant.